Thompson
Thompson v. Hayward Unified School District
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NAJEE THOMPSON, et al., Case No. 20-cv-01964-JD
Plaintiffs,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 23 MATTHEW CLARK, et al., Defendants.
Defendant Hayward Unified School District (the “District”) removed this case, Dkt. No. 1, and has filed a motion to dismiss the complaint. Dkt. No. 23. The Court finds the motion to be suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The District’s request to dismiss the case for insufficient service of process is denied. Dkt. No. 23 at 5-6. The request is puzzling, and borders on the troubling. It was the District that removed this case to federal court, and represented in its notice of removal that “Defendant District was served with Plaintiffs’ Complaint on February 19, 2020.” Dkt. No. 1 ¶ 2. Not only that, the notice attached “[a] copy of the Complaint served upon Defendant District in the state court action.” Id. The District’s other dismissal arguments need not be reached at…